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STATE v. SIMSON

TC 86-0353; CA A42379; SC S35891.

775 P.2d 837 (1989)

308 Or. 102

STATE of Oregon, Petitioner On Review, v. Larry Alden SIMSON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause on behalf of petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Leland R. Berger, Portland, argued the cause on behalf of respondent on review.

GILLETTE, Justice.

The issue in this criminal case is whether a trial court properly may instruct a jury that a witness's testimony is accomplice testimony and should be viewed with distrust when that testimony does not implicate the defendant in the crime. We hold that the cautionary accomplice-witness instructions should only be given when the "accomplice" testimony implicates the defendant.

FACTS

Defendant...

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